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MR. JUSTICE ABDUL HAMEED DOGAR, HCJ MR. JUSTICE FAQIR ...

MR. JUSTICE ABDUL HAMEED DOGAR, HCJ MR. JUSTICE FAQIR ...

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CONSTITUTION PETITION NO. 1 OF 2008<br />

AND CMA NO. 994 TO 996 OF 2008 40<br />

for members of National Assembly and a Provincial Assembly were<br />

laid down – for voters the minimum age was 18 years whereas for<br />

members of the National Assembly or a Provincial Assembly it was 25<br />

years. Lastly, he submitted that the graduation qualification was the<br />

need of the hour, inasmuch as on account of low literacy rate it was a<br />

step to encourage people to acquire higher educational qualifications.<br />

28. At this stage, it may be advantageous to refer to the<br />

provisions of Article 62, which reads as under: -<br />

“62. A person shall not be qualified to be elected or<br />

chosen as a member of Majlis-e-Shoora (Parliament)<br />

unless:-<br />

(a)<br />

(b)<br />

he is a citizen of Pakistan;<br />

he is, in the case of National Assembly, not less than<br />

twenty-five years of age and is enrolled as a voter in<br />

any electoral roll in –<br />

(i)<br />

(ii)<br />

any part of Pakistan, for election to a general<br />

seat or a seat reserved for non-Muslims; and<br />

any area in a Province from which he seeks<br />

membership for election to a seat reserved for<br />

women.<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

(h)<br />

he is, in the case of Senate, not less than thirty<br />

years of age and is enrolled as a voter in any area in<br />

a Province or, as the case may be, the Federal<br />

Capital or the Federally Administered Tribal Areas,<br />

from where he seeks membership;<br />

he is a good character and is not commonly known<br />

as one who violates Islamic Injunctions;<br />

he has adequate knowledge of Islamic teaching and<br />

practices obligatory duties prescribed by Islam as<br />

well as abstains from major sins;<br />

he is sagacious, righteous and non-profligate and<br />

honest and amen;<br />

he has not been convicted for a crime involving<br />

moral turpitude or for giving false evidence;<br />

he has not, after the establishment of Pakistan,<br />

worked against the integrity of the country or<br />

opposed the ideology of Pakistan :<br />

Provided that the disqualifications specified in<br />

paragraphs (d) and (e) shall not apply to a person

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